Probate & Trust Attorney in Malibu, California
Probate & Trust Attorney in Malibu, California
Lamash Legacy Law is based in Malibu, on Civic Center Way. Most families I work with here face the same situation: someone they love has died or can no longer manage their affairs, and now there is a house, a trust, and relatives who may not agree on what happens next.
I handle every case personally. When you call, you speak with me, and I stay with your matter from the first conversation through the final distribution.
Where Malibu Probate Cases Are Heard
Many people assume a Malibu estate is handled locally. It is not. The Malibu Courthouse on Civic Center Way closed in 2013, and under the Los Angeles Superior Court’s local rules, nearly all probate, trust, conservatorship, and guardianship matters in the county are filed and heard in the Probate Division at the Stanley Mosk Courthouse, 111 North Hill Street, in downtown Los Angeles.
That has practical consequences for Malibu families:
- Hearings are downtown. Many hearings can be attended remotely through LACourtConnect, the court’s remote appearance system, but the case itself lives in the Central District.
- Petitions are reviewed before the hearing. The Los Angeles probate court posts “Probate Notes†online ahead of hearings. These notes flag missing documents or defects, and they need to be cleared or the matter can be continued. Preparing filings carefully up front is one of the most effective ways to avoid months of delay.
- Timelines are measured in months, not weeks. A straightforward California probate commonly takes 9 to 18 months. I explain the realistic timeline for your estate in How Long Does Probate Take in California?
Why Malibu Estates Need Careful Handling
High property values change the math
California’s statutory attorney and executor fees are calculated on the gross value of the probate estate, not on equity. A Malibu home with a large mortgage can still generate significant statutory fees if it passes through probate. I walk through the fee schedule and what affects it in How Much Does a Probate Attorney Cost in California?
For the same reason, the simplified procedures are often unavailable here. For deaths on or after April 1, 2025, the small-estate affidavit limit is $208,850, and the court petition for a primary residence applies only up to $750,000. Most Malibu homes exceed both figures, which means full probate or a properly administered trust.
Property tax reassessment after an inheritance
When a parent’s Malibu home passes to a child, the property tax result depends on Proposition 19. The parent-child exclusion now applies only if the child makes the home their principal residence, and it is capped. For transfers from February 16, 2025 through February 15, 2027, the cap is the home’s factored base-year value plus $1,044,586. Anything above that is added to the taxable value. Timing and filings with the Los Angeles County Assessor matter, and this question often drives whether a family keeps or sells the property.
Fire-affected property
After the January 2025 Palisades Fire, some Malibu estates include damaged lots, insurance claims, or properties of uncertain value. Executors and trustees must account for these assets carefully, and beneficiaries often disagree about whether to rebuild, hold, or sell.
Probate and Trust Services for Malibu Families
- Probate Administration: opening the estate, obtaining letters, notifying creditors and heirs, inventory and appraisal, sale of real property when needed, and final distribution.
- Trust Administration: guiding successor trustees through the required notices, valuation, accountings, and distribution, including petitions for assets that were never transferred into the trust.
- Trust & Will Contests: challenging or defending a trust or will where there are concerns about undue influence, fraud, or lack of capacity. Deadlines are short; a trust contest generally must be filed within 120 days of the trustee’s notice.
- Beneficiary Rights: compelling accountings, addressing trustee delay or self-dealing, and protecting your share.
- Conservatorships: establishing or contesting court oversight for an adult who can no longer manage their finances or personal care.
- Financial Elder Abuse: pursuing recovery when a parent or relative aged 65 or older has been financially exploited.
Serving Malibu and the Surrounding Coast
From Malibu, I work with clients in Point Dume, Malibu Colony, Carbon Beach, Broad Beach, Latigo Canyon, Topanga, and nearby Pacific Palisades, as well as Santa Monica and Calabasas. If you live out of state, most of the work can be handled by phone, email, and video.
I serve clients in English.
Malibu Probate FAQ
Is there a probate court in Malibu? No. The Malibu Courthouse closed in 2013. Probate matters for Malibu residents are filed and heard in the Probate Division at the Stanley Mosk Courthouse in downtown Los Angeles, with remote appearance available for many hearings.
My parent’s Malibu home was held in a living trust. Do we still need probate? Usually not for the home, if title was properly transferred into the trust. The successor trustee administers it outside of court. If the home or other assets were left out of the trust, a court petition may be needed to bring them in.
Can a Malibu estate avoid probate under the $750,000 home rule? Only if the decedent’s primary residence had a gross value of $750,000 or less and the death occurred on or after April 1, 2025. Most Malibu residences exceed that limit.
Will my inherited Malibu home be reassessed for property taxes? It may be. Under Proposition 19, the exclusion applies only if you make the home your principal residence and file the required claims, and it is capped. The answer depends on the property’s taxable value and your plans.
Talk With a Malibu Probate Attorney
Every estate has its own facts and its own family history. Call me at (424) 355-5565 or send a message through the contact page, and I will personally review your situation and explain your options.
Lamash Legacy Law 23465 Civic Center Way, #116, Malibu, CA 90265 (424) 355-5565 · info@lamashlegacylaw.com
This page provides general information, not legal advice. Contacting Lamash Legacy Law does not create an attorney-client relationship.
